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MIGRATION ACT 1958 - SECT 261AKC Authorising access to video recordings

MIGRATION ACT 1958 - SECT 261AKC

Authorising access to video recordings

  (1)   The Secretary or Australian Border Force Commissioner may, in writing, authorise a specified person, or any person included in a specified class of persons, to access:

  (a)   all video recordings; or

  (b)   a specified video recording, or video recordings of a specified kind.

  (2)   The Secretary or Australian Border Force Commissioner must specify in an authorisation under this section, as the purpose or purposes for which access is authorised, one or more of the following purposes:

  (a)   providing a video recording to another person in accordance with this Subdivision;

  (b)   administering or managing the storage of video recordings;

  (c)   making a video recording available to the person to whom it relates;

  (d)   modifying related documents in order to correct errors or ensure compliance with appropriate standards;

  (e)   any purpose connected with determining whether a civil or criminal liability has arisen from a person carrying out or helping to carry out an identification test under this Act;

  (f)   complying with laws of the Commonwealth or the States or Territories.

  (3)   However, the Secretary or Australian Border Force Commissioner must not specify as a purpose for which access is authorised a purpose that will include or involve the purpose of:

  (a)   investigating an offence against a law of the Commonwealth or a State or Territory (other than an offence involving whether an identification test was carried out lawfully); or

  (b)   prosecuting a person for such an offence;

if the identifying information in question relates to a personal identifier of a prescribed type.